PROVIDENCE, R.I. - The state Supreme Court on Friday directed Superior Court Judge Robert D. Krause to reconsider his refusal to step down from presiding over the trial of a defense lawyer accused of bribing a witness.

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By
Katie Mulvaney
Posted Oct. 4, 2013 @ 2:51 pm

PROVIDENCE, R.I. - The state Supreme Court on Friday directed Superior Court Judge Robert D. Krause to reconsider his refusal to step down from presiding over the trial of a defense lawyer accused of bribing a witness.

The high court instructed Krause to hold a hearing and issue a new decision that takes into account whether his handling of the bribery conspiracy case might cause "a reasonable person" to question his ability to remain impartial.

Lawyers for Donna Uhlmann and her co-defendant Jamaal Dublin last week - three days into trial -- asked the state Supreme Court to reverse Krause's decision to retain the case. They questioned his impartiality, arguing that allowing the trial to proceed could undermine the public's faith in the state judiciary.

They looked, in particular, to comments Krause made in rejecting Gerard H. Donley's motion for a new trial as evidence of bias. Donley, a former defense lawyer, was indicted with Dublin and Uhlmann in April 2012 on conspiracy, bribery, and obstruction of the judicial process charges for allegedly bribing a witness not to testify in a stabbing case.

A jury found Donley guilty of all counts after a trial in June. Krause sentenced him to serve six years in prison.

In ruling Friday, the Supreme Court quoted Krause's comments. "This was nothing more than an outright bribe, orchestrated by Mr. Donley, together with his paid consort Donna Uhlmann." He continued: "there is also no question ... that Donna Uhlmann is part of this venture."

Krause three times rejected Uhlmann and Dublin's requests that he recuse himself, most recently last Wednesday, three days into trial. Uhlmann's lawyers, David A. Levy, John S. Ciolli and Gary G. Pelletier, joined Dublin's lawyer, Christopher T. Millea, in seeking high court relief.